Patna High Court
Md.Yasin Ansari & Ors vs The State Of Bihar & Ors on 14 February, 2017
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15885 of 2007
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1. Md.Yasin Ansari S/o Sri Vakil Ansari R/o Village Suhai, P.S.- Dumara, District
Sitamarhi.
2. Chandeshwar Mahto S/o Sri Shatraughan Mahto R/o Village & P.O. - Garha,
P.S. Patepur, District - Vaishali.
3. Hari kishore Mahto S/o Sri Rasdhari Mahto R/o Village- Baburar, PO. Dadri, PS
Nanpur, District Sitamarhi.
4. Ratnesh Lal S/o late Uchit Narayan Lal R/o Village & PO Kharaka, PS Nanpur,
District Sitamarhi.
5. Ram Shringar Singh S/o Sri Shiv Gulam Singh R/o Village & P.O. Sinuara, PS
Bahadurpur, District Darbhanga.
6. Krishna Ballabh Prasad Singh S/o late Rajendra Singh R/o Village + P.O-
Gharbaara, PS Bochha, District Muzaffarpur.
7. Md. Ali S/o late Md. Akhtar R/o Maulanagar , P.S Pupri, District Sitamarhi.
8. Raj Kishore Mandal S/o Sri Ram Sevak Mandal R/o Village Prem Nagar, P.S.
Runnisaidpur, District Sitamarhi.
9. (a). Chandra Kala Devi W/o late Shyam Nandan Singh
9. (b). Manoj Kumar
9. (c) Santosh Kumar Both S/o late Shyam Nandan Singh All Resident of Village-
Margand tola- Garegama, P.S.- Runisaidpur, District Sitamarhi.
9. (d) Ragini Devi D/o late Shyam Nandan Singh,W/o chandan Kishore Singh
Resident of Village+PO- Manpur, Ratnagali, PS - Runisaidpur, District Sitamarhi
9. (e) Sangita Devi D/o late Shyam Nandan Singh, W/o Sudhir Kumar Singh
Resident of Village+P.O.- Sukhiyara, PS. Sursand, District Sitamarhi
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Secretary-Cum-Commissioner, Public Health Engineering Department,
Government of Bihar, Patna.
3. The Engineer in Chief-cum -the Special Secretary, Public Health Engineering
Department , Government of Bihar, Patna.
4. The Chief Engineer(Rural), Public Health Engineering Department , Government
of Bihar, Patna.
5. The Chief Engineer(Technical), Public Health Engineering Department ,
Government of Bihar, Patna.
6. The Chief Engineer(Zonal),Public Health Engineering Department ,
Muzaffarpur.
7. The Superintending Engineer, Public Health Engineering Circle, Muzaffarpur.
8. The Executive Engineer, Public Health Engineering Division, Sitamarhi.
9. The S.D.O. Public Health Engineering Sub Division- Pupuri District Sitamarhi.
10. The S.D.O. Public Health Engineering, Sub division- Sheohar, District Sheohar.
11. The S.D.I. Public Health Engineering Department Sub Division- Sitamarhi,
District Sitamarhi.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. PUSHKAR NARAIN SHAHI
Mr. Sanjeet Kumar Singh
Patna High Court CWJC No.15885 of 2007 dt.14-02-2017
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For the Respondent/s : Mr. (SC18)
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL JUDGMENT
Date: 14-02-2017
Heard learned counsel for the petitioners and
respondents.
The present writ application has been filed for quashing
the part of the office order no. 188 dated 30.11.2006 issued under the
signature of the Executive Engineer, Public Health Engineering
Division, Sitamarhi (respondent no.8), as contained in Annexure-12
whereby the services of the petitioners and others have been directed
to be regularized with effect from 2006 against sanctioned posts
instead of 17.08.1982 the date from which the petitioners were
working as „Work Charge Employee‟. Hence petitioners claim for
their regularization since 17.08.1982 and be treated as regular
employee since then. Further prayer has been made for payment of
other consequential financial benefits. The relief claimed by the
petitioners as made in paragraph no.1 of the writ application reads as
follows:-
"1(i). For quashing that part of the direction as
contained in office order no. 188 dated 30.11.2006
communicated to the petitioners vide memo no. 1019
dated 30.11.2016 issued under the signature of the
Executive Engineer, Public Health Engineering
Patna High Court CWJC No.15885 of 2007 dt.14-02-2017
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Division, Sitamarhi (respondent no.8) as contained in
Annexure-12 whereby and whereunder the services of
the petitioners and others have been directed to be
regularized with immediate effect against sanctioned
posts ignoring the grievances of the petitioners in the
matter of their earlier illegal reversion after nearly 20
years of regular services from regular establishment to
daily wage employment.
(ii) For commanding the respondent to regularize/shift
the date of regularization of the services of the
petitioners w.e.f. 17.08.1992 in the facts and
circumstances of the case fully enumerated
hereinbelow with all consequential benefits including
the maintenance and grant of service conditions
including pension and G.P.F. as existing in the year
1982.
(iii) For grant of any other incidental, consequential and
other appropriate relief/reliefs to which the petitioner
may be found entitled."
Learned counsel for the petitioners very fairly submits
that the Government vide resolution no.10710 dated 17.10.2013
issued under the signature of Addl. Secretary, Finance Government of
Bihar as contained in Annexure-15 took a decision to keep the daily
wages work charge employees whose services were reverted or
subsequently regularized in the year 2006, under the G.P.F. scheme
instead of C.P.F. scheme, to provide them Assured Career Promotion
Patna High Court CWJC No.15885 of 2007 dt.14-02-2017
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and to compute services spent as work charge employees for the
pensionary benefits. It is further submitted that the claim of similarly
situated employees have been allowed by this Court vide order dated
12.04.2012passed in L.P.A. No. 631 of 2013, hence the present writ application be disposed of to consider the case of the petitioners in view of the resolution of Finance Department dated 17.10.2013 as contained in Annexure-15 as well as order passed in L.P.A. No. 631 of 2013 as contained in Annexure-16.
Accordingly, the present writ application is disposed of with liberty to the petitioners to file detail representation before respondent nos.2 and 3 within a period of four weeks when it is expected from respondent nos. 2 and 3 to consider and dispose of the representation of the petitioners in terms of above mentioned resolution of the government as contained in Annexure-15 within six weeks of filing of the representation by the petitioners.
(Dinesh Kumar Singh, J) Amrendra/-
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